Practice Areas

A General Practice

I have a general practice. That means, as you will
see below, that I have a wide range of experience.

Many attorneys like to specialize in one particular area.
They don't have to keep up with as many areas of the law, and
because they are so knowledgeable about one particular area, they
charge more money. Frequently, these specialists get together
and form a firm. Each of the specialists in such a firm is
happy because nobody takes anyone else's business and because they are
all specialized, they all charge higher fees. They win; the
client loses.

I prefer a more diverse practice. Frankly, it keeps
my practice from becoming monotonous. But it also has a great
benefit for my clients. Legal matters frequently touch on
several areas of the law, and I have experience in most of them.
And not just superficial experience. I've
successfully prosecuted $120,000 loan claims. I've pursued
civil litigation involving national banks. I've won several criminal
and juvenile delinquency jury trials. I've successfully
litigated child abuse and neglect cases against the Department of
Children and Families. I've participated in dozens of
eviction proceedings. I've prosecuted (and defended) several
child custody, visitation and support claims, some of which involved
emergency ex
parte proceedings. I've represented dozens of
clients in real estate transactions concerning single family
residences, condominium conversions, commercial leases and 100-unit
multifamily residential buildings.

My clients are confident that I can assist them in any of the
areas of the law they are likely to encounter. Sure, there
are some areas of the law I don't typically deal in (medical
malpractice, personal injury, complex tax planning involving estates
greater than $3.5MM), but I know very well qualified attorneys who do.

When someone asks one of my clients, "Who's your lawyer?" They
can answer Clive Jacques with confidence.

Juvenile
Delinquency

You receive a call from the police. Your son or
daughter (or other child between 7 and 18 years old in your custody)
has been arrested. A parent or guardian is placed in a
difficult position in these matters. What is the child
charged with? You want your child to be honest and take
responsibility for their actions, but you don't want them to be treated
as a criminal. When you get to the police station to retrieve
your child, should they make a statement? Should it be
recorded? Once you get to the Juvenile Court, how should the
case be resolved? General Continuance? Pre-Trial
Probation? Continuance Without a Finding? Jury
Trial? Bench Trial? For children charged with
delinquency, especially those attending public school, the simple act
of being charged with a crime may result in their immediate suspension
from school, even for crimes that don't involve schoolmates or school
property. If your child has an Individualized Education Plan,
they may be entitled to a "manifestation hearing" prior to a long-term
suspension.

Criminal Defense

For most people, getting arrested or being summoned to court
to answer a criminal charge is an extraordinary experience.
Surprisingly, many people choose to resolve criminal matters without an
attorney. Unfortunately, most people don't know the
collateral effects of criminal convictions. If you're reading
this web page, then I hope you won't be one of them. Whether
you feel that you are guilty of the crime charged or not, you
should speak with an attorney to consider your options.

Child Abuse
& Neglect

What could possibly be more traumatic than having a social
worker take your child in the middle of the night? It's 7:30
PM, and there is a knock at the door. You open the door to
find a very nice young woman who identifies herself as a social worker
from the Department of Children and Families. She hands you
a document and explains that the Department has received a report from
an anonymous source alleging that your child has been abused or
neglected. She asks (firmly) to come in and speak with the
child, in private. She may be accompanied by the police.
Scared? Confused? Who wouldn't be?
Unless you have an attorney, the only person in this scenario
with expert knowledge about what is happening is the social worker.
And the worker doesn't know anything about criminal law.
If the allegations of abuse or neglect would also support
criminal charges, then your situation is even more complicated.

Whether the Department seeks emergency custody of your child
or not, you should speak with an attorney to consider your options.
Even if the Department does not open your case for services,
having a substantiated claim of abuse or neglect can have adverse
consequences for years.

Divorce/Custody/Visitation/Support

Some marriages end spectacularly. This is especially
true with substance abuse or domestic violence. Often times,
an abuse prevention order marks the beginning of the end.
Such proceedings are frequently very emotional and the
parties can easily become irrational (and unpersuasive). If
you need to obtain an abuse prevention order, but especially if you
wish to defend against one, you're better off with an attorney to help
make your case.

By the time most couples have decided to end their
marriage, both sides want it over as soon as possible. If you
have children together, then the Probate and Family Court is going to
pay special attention to your case. By far, the best (and
most cost effective) way of obtaining a divorce is by agreement.
Having an attorney on your side can make sure that you are
treated fairly, not just quickly.

For couples who are already divorced, or those that were never
married, issues frequently pop up concerning visitation and child
support. In extraordinary cases, some event may warrant a
change in custody. Your chances of getting what you want (or
preventing the other party from changing the situation) increase
greatly with an attorney.

Real Estate

Real Estate transactions are the oldest type of legal work,
I'd venture to say. Unfortunately, the age of the law in this
area can make these transactions arcane. The good news is
that this type of work is relatively inexpensive. An oddity,
really, when you consider that most homes in the Concord area sell for
well over $500,000. In these circumstances it's just foolish
not to engage an attorney. Everyone in the deal seems to have
your best interest at heart: the broker, the bank, the bank's attorney,
the buyer/seller. The reality is that each of these players
has their own vested interest which can bias their advice.
Only an experienced attorney can help you negotiate the
purchase and sale agreement which will protect your interests without
killing the deal. In addition to real estate purchase and
sales, I am also experienced in converting property into condominiums.

Landlord-Tenant

More than any other area of practice, this is one where a
little advice goes a long way. It may cost a little money to
have an attorney advise you concerning a new tenant. It's
going to cost you a lot more money in lost rent and attorney's fees to
evict that same tenant if they disturb other tenants, damage the
property or fall behind on the rent. In the eyes of the law,
landlords and tenants are not equal bargaining partners. As a
result, the law basically favors tenants. Landlords can
protect themselves with security deposits and summary process, but the
rules are not simple and the costs of mistakes can be severe.
Hiring an experienced attorney will
save you a lot of money and aggravation.

Basic Estate
Planning & Guardianship

Who is going to get your stuff when you die? Who
will tell the doctors what to do if you cannot? Under what
circumstances, if any, should that person be able to "pull the
plug"? Basic estate planning will help you answer
all of these questions for yourself and your loved ones. If
your assets exceed $1MM, then a small bit of planning now will help you
save a lot of taxes later (hopefully, much, much later).
Estate planning does not necessarily take a long time or cost
a great deal of money.

Civil Litigation
& Consumer Protection

In addition to all my other practice areas, I handle a wide
variety of civil matters. These include disputes involving
loans, home construction, new and used car sales, insurance settlement,
advertising and unfair and deceptive business practices. If
you are having a financial dispute with another party, whether it's
$1,000 or $100,000, the best way to collect your money or to defend a
lawsuit is with an attorney.